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Title 10 — Armed Forces

Part II · Chapter 833 — Hospitalization and Medical Care

§ 8281. Members of the naval service in other United States hospitals

Statutory text

(a)

When appropriate naval hospital facilities are unavailable, the Secretary of the Navy may provide for the care and treatment of members of the naval service, entitled to treatment in naval hospitals, in other United States hospitals, if the agencies controlling the other hospitals consent. Expenses incident to such care and treatment are chargeable to the same appropriation as would be chargeable for care and treatment in a naval hospital.

(b)

The deduction authorized by section 4812 of the Revised Statutes (24 U.S.C. 16) shall be made from accounts of members hospitalized under this section.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Aug. 10, 1956, ch. 1041, 70A Stat. 387, § 6201 · 70A Stat. 387

    Enacted · 10 U.S.C. § 8281

    Aug. 10, 1956, ch. 1041, 70A Stat. 387, § 6201

    Source evidence

    Code source credit
    Aug. 10, 1956, ch. 1041, 70A Stat. 387, § 6201

  2. Pub. L. 85–861 § 36B(19) · 72 Stat. 1437

    Repealed · 10 U.S.C. § 8281(c)

    Pub. L. 85–861 repealed subsec. (c) which related to a ration allowance for members of the Fleet Reserve of the Fleet Marine Corps Reserve and retired enlisted members of the naval service

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 85–861 repealed subsec. (c) which related to a ration allowance for members of the Fleet Reserve of the Fleet Marine Corps Reserve and retired enlisted members of the naval service.

  3. Defense Officer Personnel Management Act

    Pub. L. 96–513 title V § 513(14) · 94 Stat. 2835

    Substituted · 10 U.S.C. § 8281(b)

    Pub. L. 96–513 substituted “section 4812 of the Revised Statutes (24 U.S.C. 16)” for “section 16 of title 24”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 96–513 substituted “section 4812 of the Revised Statutes (24 U.S.C. 16)” for “section 16 of title 24”.

    Enacted provision · exact public law section
    (14) Section 6201(b) is amended by striking out “section 16 of title 24” and inserting in lieu thereof “section 4812 of the Revised Statutes (24 U.S.C. 16)”.

  4. John S. McCain National Defense Authorization Act for Fiscal Year 2019

    Pub. L. 115–232 div. A title VIII § 807(b)(11) · 132 Stat. 1636

    Changed · 10 U.S.C. § 8281

    Pub. L. 115–232 renumbered section 6201 of this title as this section

    Source evidence

    Code amendment note
    Pub. L. 115–232 renumbered section 6201 of this title as this section.

    Enacted provision · exact public law section
    (11) Chapter 563.— Sections 6201, 6202, and 6203 are redesignated as sections 8281, 8282, and 8283, respectively.

    Effective date note
    Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

2 of 4 references resolved to an enrolled provision · 2 partial

Notes

historicalAndRevision
Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
6201(a), (b)24 U.S.C. 31.Jan. 19, 1929, ch. 85, 45 Stat. 1090.
6201(c)34 U.S.C. 854f.June 25, 1938, ch. 690, § 207, 52 Stat. 1180.
 34 U.S.C. 854 (note).July 9, 1952, ch. 608, § 803 (3d sentence), 66 Stat. 505.

In subsection (a) the words “members of the naval service” are substituted for the words “naval patients on the active or retired list and members of the Naval Reserve or Marine Corps Reserve”. The definition of “member of the naval service” makes the terms coextensive. Reference to St. Elizabeths Hospital is omitted in view of Reorganization Plan No. 3 of 1946, § 201, 60 Stat. 1098, which transferred the functions of that hospital pertaining to members of the naval service to the Secretary of the Navy. For the purposes of this section, St. Elizabeths is now in the same category as other United States hospitals.

In subsection (b) reference to R.S. 4813 (24 U.S.C. 6) is omitted because the Administrator of Veterans’ Affairs held in Decision Number 571 () that R.S. 4813 was repealed by implication. Since this decision is binding on the Secretary of the Navy (see 38 U.S.C. 11a–2), the deductions from pension accounts authorized by R.S. 4813 may not be made.

In subsection (c) the words “each retired enlisted member of the naval service” are substituted for the words “retired enlisted men” and the words “is entitled to” are substituted for the words “shall receive” to conform to terminology used throughout this title. The words “equal in value to the hospital ration” are substituted for the words “prescribed by law for enlisted men of the Regular Navy” to show that the amount of the allowance is the value of the hospital ration. The words “for each day” are inserted to make it clear that the ration allowance is credited on a daily basis. The words “under this section” are substituted for the words “in a Federal hospital in accordance with law” because this section is the only authority for the hospitalization of members of the Fleet Reserve and Fleet Marine Corps Reserve and retired enlisted members of the naval service in Federal hospitals, other than naval hospitals, under conditions entitling the members to a ration allowance. The subsistence of a member of the Fleet Reserve or Fleet Marine Corps Reserve or a retired enlisted member of the naval service while hospitalized in naval hospitals is covered by § 6086 of this title.

Editorial Notes

Prior Provisions

A prior section 8281 was renumbered section 9151 of this title.

Amendments1958–2018 · 3 rounds

2018

Pub. L. 115–232 renumbered section 6201 of this title as this section.

1980

Subsec. (b). Pub. L. 96–513 substituted “section 4812 of the Revised Statutes (24 U.S.C. 16)” for “section 16 of title 24”.

1958

Subsec. (c). Pub. L. 85–861 repealed subsec. (c) which related to a ration allowance for members of the Fleet Reserve of the Fleet Marine Corps Reserve and retired enlisted members of the naval service.

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective , with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–513 effective , see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of this title.

Credits

1956–2018 · 4 acts
  1. 1956Aug. 10, 1956, ch. 1041, 70A Stat. 387, § 6201
  2. 1958Pub. L. 85–861, § 36B(19), , 72 Stat. 1571
  3. 1980Pub. L. 96–513, title V, § 513(14), , 94 Stat. 2932
  4. 2018renumbered § 8281, Pub. L. 115–232, div. A, title VIII, § 807(b)(11), , 132 Stat. 1832, 1835.
Show as published

(Aug. 10, 1956, ch. 1041, 70A Stat. 387, § 6201; Pub. L. 85–861, § 36B(19), , 72 Stat. 1571; Pub. L. 96–513, title V, § 513(14), , 94 Stat. 2932; renumbered § 8281, Pub. L. 115–232, div. A, title VIII, § 807(b)(11), , 132 Stat. 1832, 1835.)

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USLM identifier /us/usc/t10/s8281